Tricky Return

wealdroam

shak2 wrote: »

The retailer said they won't talk to me anymore...

I can understand why that might be.

shak2

unholyangel wrote: »

For the value involved, it would be the small claims. £25 filing fee if done online and £30 hearing fee (works on a sliding scale dependent on the claim value).

Do remember that the burden of proof will be on you.

If I win I win, but if I lose what costs can they claim?

vaio

shaun_from_Africa wrote: »

How many times does it have to be explained that no company is going to return electrical goods that are known to be faulty?

Even though you purchased the item, if it was returned back to you then it would have been classed as second hand which means that the retailer would have been required to fully test and certify it as being safe, something that they probably wouldn't do for a low value item.
The Electrical Equipment (Safety) Regulations 1994 fully cover this.

specifically:
http://www.legislation.gov.uk/uksi/1994/3260/regulation/5/made

For clarity does this also apply to faulty goods I hand in for a repair estimate and then the repair doesn't go ahead?

and if not, why?

In both cases the punter owns the goods and I can't think of any legislation that would allow a repairer to retain the goods on the grounds they had a fault

bris

shak2 wrote: »

Does loss of bargain only apply if you DO NOT RETURN the faulty item or does it also apply if you DO return the defective item?

Loss of bargain only apples if you enter into a legally binding contract to buy something and the seller refuses to honour the deal, i.e he doesn't supply the goods. You then find the goods elsewhere for next best price and sue for the difference.

Loss of bargain does not come into this because the initial contract was fulfilled, the deal was done.

The item becoming faulty is now a SOGA issue which you have had umpteen correct replies.

14 pages long now, this is a troll.

matttye

bris wrote: »

Loss of bargain only apples if you enter into a legally binding contract to buy something and the seller refuses to honour the deal, i.e he doesn't supply the goods. You then find the goods elsewhere for next best price and sue for the difference.

Loss of bargain does not come into this because the initial contract was fulfilled, the deal was done.

The item becoming faulty is now a SOGA issue which you have had umpteen correct replies.

14 pages long now, this is a troll.

I like to have a little faith in humanity that nobody would be sad enough to troll for this long. :rotfl:

wealdroam

shak2 wrote: »

If I win I win, but if I lose what costs can they claim?

Read MSE's Small Claims Court guide for your answer.

shak2

bris wrote: »

Loss of bargain only apples if you enter into a legally binding contract to buy something and the seller refuses to honour the deal, i.e he doesn't supply the goods. You then find the goods elsewhere for next best price and sue for the difference.

Loss of bargain does not come into this because the initial contract was fulfilled, the deal was done.

Really? because that's the exact opposite of what the law says:

(i) LOSS OF BARGAIN

...For example, in a contract for the sale of goods which are defective, the plaintiff will (under this head) be entitled to damages reflecting the differences between the price paid under the contract and the actual value of the defective goods.

You're saying goods can be defective without having been supplied the goods? wrong?

matttye

shak2 wrote: »

Really? because that's the exact opposite of what the law says:



You're saying goods can be defective without having been supplied the goods? wrong?

Post #221:

matttye wrote: »

Yeah but you returned the item and got a full refund. You're therefore not entitled to any damages.

wealdroam

So what is the answer to the sum:

...the plaintiff will be entitled to damages reflecting the differences between the price paid under the contract and the actual value of the defective goods.

Should be easy to work out...
1) you know the price paid,
2) the actual value of the defective goods must surely be somewhat less than what you paid.

Seeing as you have already been refunded the whole of the price paid, what else are you expecting to get?

shak2

wealdroam wrote: »

So what is the answer to the sum:

Should be easy to work out...
1) you know the price paid,
2) the actual value of the defective goods must surely be somewhat less than what you paid.

Seeing as you have already been refunded the whole of the price paid, what else are you expecting to get?

Hi, the regular non sale price of the item is £140, so with £90 refunded already the difference I would like is £50.